Location: Spearfish, South Dakota
Federal Circuit: 8th Circuit
Black Hills State University has been given the speech code rating Green. Green light institutions are those colleges and universities whose policies nominally protect free speech. Read more here.
Speech Code Category: Protest and Demonstration Policies
Black Hills State University has no designated area for free speech. Therefore, it is essential that those wishing to participate in a public forum or demonstration coordinate with the representative from Student Union Activities area at least 48 hours before the event.
Speech Code Category: Advertised Commitments to Free Expression
A University is a place in which dissenting and controversial views can be aired and discussed. These
exchanges of views are not merely tolerated, but are a source of diversity and strength for our society. The
mere fact that some may find the content of a demonstration or expression of free speech distasteful is no
reason to ban that activity from campus.
Speech Code Category: Harassment Policies
a. Harassment may be established by showing:
i. Conduct toward another person that has the purpose or the effect of creating an objectively and subjectively intimidating, hostile or demeaning environment that substantially interferes with his or ability to participate in or to realize the intended benefits of an institutional activity, employment or resource.
b) Harassment shall be found where, in aggregate, the incidents are sufficiently pervasive or persistent or severe that a reasonable person with the same characteristics of the victim of the harassing conduct would be adversely affected to a degree that interferes with his or her ability to participate in or to realize the intended benefits of an institutional activity, employment or resource.
ii. Other conduct that is extreme and outrageous exceeding all bounds usually tolerated by polite society and that has the purpose or the substantial likelihood of interfering with another person’s ability to participate in or to realize the intended benefits of an institutional activity, employment or resource
December 20, 2012
by Bob Unruh at WND More than six of 10 colleges and universities across the United States have yet to figure out the First Amendment, because their “speech codes” conflict with the Constitution, according to a new report from the Foundation for Individual Rights in Education. “FIRE surveyed 409 schools for this report and found that over 62 percent maintain severely restrictive, ‘red-light’ speech codes – policies that clearly and substantially prohibit protected speech,” said the executive summary. “That this figure is so large is deeply troubling, but there is good news: for the fifth year in a row, the percentage of schools maintaining […]» Read More